Wyatt

Prior tothe sixth day of July, 1928, the appellant was charged by complaint, and pursuant to a preliminary examination was held to answer to the superior court upon three counts of grand theft. On said date the district attorney of Los Angeles County filed and caused him to be arraigned upon an information charging said three offenses, and, in addition thereto, five other crimes of grand theft shown by the evidence adduced at the preliminary hearing to have been committed by said defendant, and also charging a prior conviction of a felony, which latter charge is not contested. Count number 7 of the information charged that the defendant “did unlawfully take away notes secured by trust deeds, of the value of five thousand dollars, gold coin of the United States, the personal property of Opal Dempster”. Thereafter the appellant pleaded not guilty, demurred generally and specially, and moved to set aside several counts of the information, including count number 7, upon the ground that the evidence taken at the preliminary examination did not show said offense to have been committed by the defendant, and that the committing magistrate had not embraced it in the commitment. Following…